AGO 1993-069.

• Case Date: December 21, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-069. December 21, 1993OPINION NO. 1993-069The Honorable Alan R. Mayberry Wood County Prosecuting Attorney One Courthouse Square Bowling Green, Ohio 43402 Dear Prosecutor Mayberry: You have requested an opinion concerning the assessment and payment of the costs of gathering physical evidence in a rape case. Specifically, you wish to know whether a county or municipal corporation is responsible for paying the costs incurred by a private facility in conducting a medical examination of a rape victim for the purpose of gathering physical evidence for a possible prosecution if no criminal complaint(fn1) is filed by the victim.

Medical Assistance for a Rape Victim

The payment of the costs incurred in gathering physical evidence by conducting a medical examination of the victim of the sexual offense of rape is provided for in R.C. 2907.28(A), which states as follows:

Any cost incurred by a hospital or other emergency medical facility in conducting a medical examination of a victim of an offense under sections 2907.02 to 2907.06 or section 2907.12 of the Revised Code(fn2) for the purpose of gathering physical evidence for a possible prosecution shall be charged to and paid by the appropriate local government as follows:

(1) Cost incurred by a county facility shall be charged to and paid by the county;

(2) Cost incurred by a municipal facility shall be charged to and paid by the municipal corporation;

(3) Cost incurred by a private facility shall be charged to and paid by the municipal corporation in which the alleged offense was committed, or charged to and paid by the county, if committed within an unincorporated area. If separate counts of an offense or separate offenses under sections 2907.02 to 2907.06 or section 2907.12 of the Revised Code took place in more than one municipal corporation or more than one unincorporated area, or both, the local governments shall share the cost of the examination. (Footnote and emphasis added.)

Thus, pursuant to R.C. 2907.28(A)(3), the costs incurred by a private facility in providing medical examinations of rape victims for the purpose of gathering physical evidence for possible prosecution are to be charged to the municipal corporation wherein the alleged rape occurred, or to the county if the alleged rape was committed...